The Company reserves the right to change all or part of these Terms and Conditions at any time and without prior notice. It is specified that these Terms and Conditions are applicable in the version in force at the time of use and/or the CUSTOMER’s placement of an order with the Company.

Any service provision, deliveries and special offers offered by the Company are governed exclusively by these Terms and Conditions. The Company shall not be held contractually liable by any document other than these Terms and Conditions, and in particular any leaflet, catalogue or photograph that may be present in particular on the APPLICATION, which only provide an approximate value.

1. PURPOSE

The Company’s Products are customisable pieces of jewellery that can be configured by the CUSTOMER and that are marketed under the “COEUR DE GEM” brand.

A COEUR DE GEM piece of jewellery is comprised of several gemstones linked to one another by means of chains and adornments.

The CUSTOMER may therefore personalise rings, bracelets or necklaces using the gemstones, chains and adornments available on the APPLICATION, and according to templates predefined by COEUR DE GEM.

Thanks to capture technology, THE COEUR DE GEM APPLICATION, which is entirely innovative, allows for viewing of the radiance of a natural gemstone, and in particular gemstones comprising the Company’s Products, in real time and in an interactive manner.

These Terms and Conditions govern use of the COEUR DE GEM mobile application distributed on ipad, iphone and Apple Watch (hereinafter referred to as “THE APPLICATION”) as well as the sale of the Company’s Products (hereinafter referred to as “the Product/s”), which are accessible via the APPLICATION.

2. DEFINITIONS

Application: the APPLICATION named COEUR DE GEM includes the “GeodFx” software published by the COEUR DE JEU company including all of its components (in particular software, images, sound, etc.), that are downloadable via Apple services and that can be run on ipad, iphone and Apple Watch mobile platforms.

Customer: any natural person or legal entity with legal authority who places an order for a Product via the APPLICATION.

Cookies: cookies are files placed on a computer’s hard drive when a website is visited, and which allows for identification of the computer in question while the website in question is being browsed.

Personal data: all nominative data relating to a Customer or User that is collected by the Company.

LICENCE: the term LICENCE refers to the licence to use the SOFTWARE and the APPLICATION where the USER agrees to the terms and conditions thereof.

Software: named “GeodFx”, the Software concerns a unique, patented capturing technology which allows for the radiance of gemstones to be viewed in an interactive manner, particularly natural gemstones comprising the Products represented on the APPLICATION.

Product: any COEUR DE GEM piece of jewellery displayed on the site, including all the components thereof, created by the Company.

User: any natural person or legal entity with legal capacity who uses the Coeur de Gem mobile APPLICATION.

3. THE APPLICATION

THE COEUR DE GEM APPLICATION and its technology named “GeodFx” are published by the COEUR DE JEU Company which has granted rights of use to the Company.

THE APPLICATION and all of its components (technology, software, images and sound, etc.) are protected by intellectual property rights.

The Company grants non-exclusive and non-transferable personal rights of access to THE APPLICATION.

The Company reserves all rights not specifically provided for in this document. Thus, in exchange for the payment of applicable fees, the Company grants a non-exclusive, strictly personal, non-transferable licence to the user for the right to install the APPLICATION on their Smartphone or their tablet and the right to access and use the APPLICATION. This right of use is granted in accordance with its intended use, for habitual, personal, non-commercial use of the APPLICATION and/or its components.

Over and above this granted right of use, the USER is not permitted to:

grant a sub-license to use, cede, hire out, export, import, distribute or transfer the rights relating to the APPLICATION to any third party;

execute or authorise the modification, deletion, translation or alteration of all or some of the components of the APPLICATION;

deconstruct, disassemble, decrypt, pirate or identify the source code or protocols pertaining to the APPLICATION except within the scope permitted by Law;

use the APPLICATION for a commercial purpose, or provide it to any third party.

Amend any potential anomaly themselves;

Use of the APPLICATION may moreover require the activation and acceptance of Cookies and JavaScript. The USER is therefore advised to accept cookies by configuring their personal device to do so. However, in line with the Data Protection Act, the USER is entitled to refute these cookies by configuring their personal device to do so.

The LICENCE does not entail any allocation or transfer of intellectual property rights or other rights pertaining to the Software to the USER.

The Company reserves the right to change and update all or part of the APPLICATION at any time and without prior notice.

4. ONLINE SALE OF PERSONALISED PRODUCTS

The aim of the APPLICATION is the sale of the Coeur de Jeu Company’s Products. The Products are marketed under the “COEUR DE GEM” registered trademark.

The Company’s Products are handcrafted pieces of jewellery (in particular necklaces, bracelets, rings and earrings) comprised of one or more gemstones, assembled and produced according to the specifications of the CUSTOMER within the exclusive scope of the gemstones, colours and shapes offered at the time the order is placed. The CUSTOMER chooses each of the customisable components of the piece of jewellery they order, that they position on the template predefined by the Company.

The Company advises the CUSTOMER to dedicate the required time and consideration to creating their Product and associating the selected components to it. The CUSTOMER is responsible for the composition of their piece of jewellery, particularly in terms of its aesthetics, and the Company cannot be held responsible in any way whatsoever should the CUSTOMER not be satisfied with their order, given in particular the fact that the Products are personalised according to their detailed specifications.

The Products are described and displayed as accurately as possible. However, should minor non-substantial errors or omissions occur, the Company shall not be held liable for this. All images relating to the Product and/or any of its components, that are displayed on the APPLICATION are communicated for illustrative purposes only.

Owing to the specific characteristics of IT configurations (brightness of the mobile device, quality of the screen, etc.), the Company shall not be held responsible for any potential differences in terms of colour, and/or radiance of the gemstone, that may arise between the displayed image of the Product and the actual Product itself, particularly in terms of possible differences relating to perception (of colour, material, size, etc.) arising from display on a screen. The Company shall not be held responsible for choices made for personalisation of the Product that may prove to be unsuitable, even in the event of a gift.

The Company reserves the right to add and/or delete any product or component presented on the APPLICATION, the display thereof and/or its price.

All of the Products offered comply with the legislation in force and applicable standards in France. The Company shall not be held responsible in the event of failure to adhere to the legislation of the country to which the product is delivered.

5. INTELLECTUAL PROPERTY

All COEUR DE GEM Products assembled in all of their possible combinations according to the predefined, provided templates, are original creations belonging to the Company and are protected by intellectual property laws.

The CUSTOMER only has the right to personal use thereof.

In no manner whatsoever does the assembly of different components transfer intellectual property rights to the CUSTOMER and/or the USER.

Similarly, it is emphasised that the APPLICATION as well as all of its components, in particular software, images and sounds, are protected by intangible property laws.

The USER only has the right to use the APPLICATION for private, habitual and non-commercial purposes.

It is also emphasised that the “COEUR DE GEM” logo is a registered trademark.

All rights not expressly transferred in terms of these provisions are reserved by the Company.

6. THE ORDERING OF PRODUCTS

6.1 Conditions

The Customer’s order must correspond to the habitual, personal requirements pertaining to an individual.

Only persons with the legal capacity to commit to contracts regarding the assets offered may place orders through the APPLICATION.

The CUSTOMER formally declares that they are at least 18 years of age and that they have the legal capacity or hold parental permission allowing them to place an order for a Product on the APPLICATION, and that they irrevocably accept these Terms and Conditions.

The CUSTOMER undertakes not to submit any false and/or incomplete information regarding their identity and/or their contact details. The CUSTOMER is solely responsible for any errors or omissions that may occur relating to wording pertaining to their personal data.

In order to use the services provided by the APPLICATION, the CUSTOMER must have Internet access and/or a 3G or 4G connection and the required equipment to ensure their connection to the internet and/or mobile network. Any potential costs and risks corresponding to this access are the responsibility of the CUSTOMER. The CUSTOMER must equip themselves, at their own cost, with any equipment required to ensure connection to the internet or mobile network. Furthermore, the CUSTOMER is informed that depending on their mode of connection and the subscription they have with their mobile telephone service provider in particular, use of the APPLICATION is likely to be subject to a specific subscription or entail additional connection costs.

The CUSTOMER confirms their order definitively after having entered their banking details and then clicks on “Pay for your order”. The CUSTOMER is not entitled to cancel any order placed with the Company.

Once the CUSTOMER has placed their order, the customer will receive an email confirming their order.

The Company shall issue the corresponding invoice by email at the time of dispatching the order.

6.3 Availability of Products

Special offers on Products are offered as displayed on the APPLICATION and are subject to availability of stock.

The Company undertakes to inform any Customer who has placed an order for an unavailable Product, by email as timeously as possible. The Company shall inform the CUSTOMER about any delivery delay or about the possibility of cancelling the order.

In the event of having already debited an account for a Product that is unavailable, the Company undertakes to refund the CUSTOMER should they wish to cancel their order, within a period of 30 days.

6.4 Confirmation

Once an order has been placed, the Company shall send an email to the Customer confirming the order within two days.

The order shall only be considered as definitive once the Company has sent the Customer confirmation of the successfully placed order.

The Company reserves the right to refuse any order for any legitimate reason, particularly if the details provided by the CUSTOMER are not deemed to be accurate, if there is any prior outstanding amount regarding payment for a Product, or if the order appears to be irregular.

6.5 Prices

The Product prices are indicated in euros, including tax in accordance with French law, and based on the amount in force at the time the order is placed.

Despite every effort made on the part of the Company, sometimes a Product can have an incorrect price displayed. The Company shall nonetheless check the price at the time the Product is dispatched.

In the event of an error, the Company shall inform the CUSTOMER as timeously as possible and shall proceed to cancel the order unless the CUSTOMER chooses to accept the order at the new price.

For Products to be delivered in territories outside of the French territory, customs and import duties as well as any local or state taxes that may apply in the country of delivery shall exclusively be borne by the CUSTOMER, who is solely responsible for such fees. The Company advises the Customer to gather relevant information from the relevant authorities in the country of delivery in advance regarding the prevailing laws in this domain.

6.6 Payment

The Company retains ownership of the Products until the full price has been paid, including any related VAT and transportation costs.

The CUSTOMER shall make payment by bank card (credit/debit card, Visa, Eurocard/Mastercard, etc.) through the secure payment system via the internet.

The safety and confidentiality of the banking details submitted by the CUSTOMER via the APPLICATION to the banking establishment in question is ensured as it takes place within a secure HTTPS environment. The company uses STRIPE, PAYPAL and APPLE PAY secure payment services.

The debit for the order takes place immediately after the order has been successfully placed.

In the context of payments taking place via electronic means, and in order to prevent any fraudulent means of payment over the internet, the Company may verify the accuracy of the information submitted by the CUSTOMER at the time their order is placed.

The Company also reserves the right to request, by email or telephone, additional documents (a photocopy of the user’s ID card, proof of address, etc.) in order to confirm the order prior to sending the Product to the Customer.

7. DELIVERY

7.1 Address and means of delivery

The Products shall be delivered to the delivery address that the CUSTOMER has indicated at the time the order is placed through the courier selected by the Company: La Poste. However, the Company does not agree to make deliveries to any post box, or to any address indicating “postal sector”, a general delivery mail facility, or “military” mailboxes.

In the event of a typographical error regarding the contact details, the Company shall not be held responsible should it prove to be impossible to deliver the said Product/s. The products are transported through the postal system and are distributed to the Customer’s postal box, to the delivery address indicated. The Company shall not be held responsible for difficulties the Customer may experience in receiving the order, where the products have been handed over to a courier company. In this instance, the CUSTOMER is not entitled to hold the Company responsible for this, nor to request a refund.

7.2 Rates

Delivery is free of charge for the Customer.

7.3 Delivery delays

Except where the CUSTOMER has specifically been informed about a particular delay when the order is confirmed, they shall receive the Product within approximately 15 days at most, from the date on which the order is confirmed.

It is to be noted that this is the average delivery delay, estimated depending on availability of the Product.

Failure to deliver the Product more than 45 days following the Company’s confirmation of the order entitles the Customer to a refund of the cost, following a specific request to this effect sent via registered mail.

7.4 Tracking

The CUSTOMER will be kept informed about the various stages in the manufacturing and delivery process by email.

For any information, the CUSTOMER can contact client service by email, at the following address contact@coeurdegem.com.

7.4 Receipt

The Company takes great care in preparing and packaging the Products. Each Product is packaged in a jewellery box, and sent in a protective case.

On receiving the Product, the CUSTOMER is routinely to check the compliance thereof.

If the original packaging is damaged, the CUSTOMER is required to immediately check the state of the Product. The CUSTOMER must then contact customer service by email, at the following address: contact@coeurdegem.com.

This checking is deemed to have been done should the CUSTOMER not have contacted the Company within two working days following receipt of the Product.

The CUSTOMER should also communicate their concerns to the courier, by registered mail, within three working days at the latest following receipt of the Product and send a copy of this letter to the Company’s client service.

If the Product has been damaged and needs to be returned to the Company, the CUSTOMER must return it within seven working days following its delivery. The Customer remains solely responsible for any risks related to the return of the Product.

The damaged Product may only be returned and accepted in its original state (packaging, accessories, notice, etc.). Any claim made without adhering to these terms and conditions and time frames shall not be accepted.

8. RETURN

The APPLICATION offers the CUSTOMER a selection of gemstones, colours, shapes and different assemblies of the gemstones.

The CUSTOMER themself chooses each one of the interchangeable components of the piece of jewellery that they order. The resulting piece of jewellery is therefore a design created according the CUSTOMER’s specifications.

The CUSTOMER is to take note that owing to the personalised aspect of the Product, ordered Products are not subject to the right of withdrawal as provided for in sections 121-20 and the following sections of the French Consumer Code.

The Product may therefore not be returned, nor exchanged or refunded in accordance with section 121-21-8 of the French Consumer Code.

The right of cancellation may not be exercised for contracts (…) 3. The provision of goods packaged according to consumer specifications or that are clearly personalised.

In addition, the Company advises the Customer to dedicate the necessary consideration and time to the creation of their Product.

9. GUARANTEES

The Company undertakes to take all due care provided for within the industry to provide the applicable service to the Customer.

The Company shall draw on all the means at its disposal in order to guarantee the service provision provided for by these Terms and Conditions.

COEUR DE GEM Products benefit from a legal guarantee of compliance as well as a guarantee against hidden defects, in compliance with the legal provisions in force (sections L. 211-1 to L. 212-1 of the French Consumer Code; sections 1641 to 1649 of the French Civil Code).

COEUR DE GEM Products are thus guaranteed against any manufacturing defect. Should such a defect arise, the Company undertakes to repair the Product free of charge or to exchange the Product. In the event of an exchange or refund, the defective Product is not returned to the Customer.

The legal guarantee does not cover normal wear and tear, accidental damage nor damage caused by the use of a solvent or through the abnormal use of the Product.

Within the framework of implementation of the legal guarantees, the Company invites the CUSTOMER to contact the Company’s client service as timeously as possible, at the following address: contact@coeurdegem.com.

Once the Product has been checked, the Company shall inform the Customer about the means of returning the Product.

10. RESPONSIBILITY

The Company is only responsible for direct, foreseeable damages at the time the APPLICATION is used or the order is placed.

The Company may not be held responsible in the event of a failure to meet its contractual obligations arising from a case of unforeseen circumstances or force majeure, as defined by the jurisprudence conferred by French jurisdictions.

Similarly, the Company may not be held responsible for damage caused by the action, fault or omission on the part of a Customer, or any third party not related to the Company.

The Company shall endeavour to render the APPLICATION accessible in an uninterrupted manner, yet it nonetheless reserves the right to potentially suspend, temporarily and without prior notice, access to the APPLICATION without this giving rise to the right to compensation to the Customer’s benefit.

The Company may not be held responsible for any damage inherent to use of the APPLICATION and/or the internet or mobile network used (a loss of connection, virus, etc.).

The Company may not be held responsible for an order which may have been placed by a minor, whether or not their parents authorised the order in question.

11. PERSONAL DATA

11.1 Handling of Personal Data

Through these Terms and Conditions, the CUSTOMER authorises the Company to collect, process and use nominative data relating to them. The Personal Data is only intended for use and storage by the Company.

Any Personal Data collected about a particular Customer is required for processing the order and monitoring business relations with the Company. Failure on the part of the CUSTOMER to provide this Personal Data means that the Company is unable to process their order.

11.2 Cookies

When using the APPLICATION, information relating to the customer’s navigation may be recorded in files installed on their device (Cookies). Cookies can in particular allow for the compiling of statistics relating to the APPLICATION in terms of usage, visits, recording of information submitted through forms, etc. The CUSTOMER can configure their device in such a way so as to deactivate cookies. However, any configuration in this manner is likely to modify certain modes of use of the APPLICATION and, in particular, restrict its use.

The data collected automatically (through cookies, etc.) may be used for technical and statistical purposes.

11.3 Social networks

The APPLICATION uses and/or is likely to use plug-ins from the Facebook social network, and other social networks (Twitter, Instagram, etc.).

In this context, when the USER uses the APPLICATION likely to contain a plug-in, their browser establishes a connection with the servers of the social network concerned. Should the USER be connected to Facebook or another social network during their use, the social network concerned may directly link their visit to their user account.

The buttons and spaces displaying the network’s content may appear on the APPLICATION to create a more “social” experience. The content of these social modules come directly from the networks. When a Customer clicks on “Like”, “Fan” or forwards a comment by means of a social module, their activity is published on the network concerned and shown to their connections, who can see the module on the same site. The items you like can also appear on your profile (you can control this parameter in the basic information section). The APPLICATION may also contain buttons allowing the Customer to become a “Fan” of the Company’s Facebook or Instagram pages. All of this information will be sent to and registered on the server of the social network concerned.

The Company shall not be held responsible in terms of any use on the part of the Facebook Company, other social networks, or third parties that could arise from the “Like”, “Fan” and “Comment” buttons or their equivalents, in their current or future states.

Should the USER not want these social networks to form any links to the information collected via the APPLICATION, they may need to log out of their account prior to using the APPLICATION.

11.4 Storage of data

The Personal Data collected and recorded by the Company while the APPLICATION is being used is processed following principles pertaining to the protection of personal data.

All elements relating to Customer orders shall be stored and archived by the Company.

The Company may invoke, particularly for the purposes of proof, any act, file or recorded item via any media including on the IT medium directly or indirectly established, received or stored by the Company in a database.

The Company undertakes only to communicate this information on the demand of a duly authorised legal or administrative authority, or an entity associated with the State in which they are processed and/or stored.

The Company may also use the IP address to identify Customers who may have breached the provisions of these Terms and Conditions or may have harmed the Company. In this case, the Company shall have good reason to hand over connection data to the relevant authorities.

The Company shall also store all of the data collected in accordance with the legal and regulatory provisions in force in France.

11.5 The Data Protection Act

The processing of this Personal Data is subject to a declaration made with the French National Data Protection Authority (CNIL), number 1901610 v 0.

In accordance with Act 78-17 of 6 January 1978, amended, the CUSTOMER has the right to view, modify or delete any personal information that may have been collected by the Company.

12. NULLITY

Should one or more of the provisions of these Terms and Conditions be deemed to be null, unenforceable, or declared as such in application of a particular law, regulation or following a definitive decision handed down by the competent authority, the remaining provisions shall not be affected, except if the nullity affects a provision that is crucial in the light of these Terms and Conditions.

In this case, the Parties shall agree to replace the null or unenforceable provisions with new valid provisions, aligned with the spirit of these Terms and Conditions.

13. DISPUTES

These Terms and Conditions of Sale and Use are governed by French law.

In the event of a dispute, the court with jurisdiction shall be the court in the location of the registered domicile of the appellant or, at the request of the appellant, the effective location of delivery of the product.

The instance of the Company not invoking a particular right or prerogative provided for by these Terms and Conditions may not in any way be deemed to be a waiving or impediment to exercising any right or prerogative conferred by these Terms and Conditions, the applicable laws or regulations.

Prior to any litigation, the Parties shall seek an amicable solution to any dispute that may have arisen between them, in particular regarding the interpretation and/or execution and/or termination of the provisions of these Terms and Conditions. The CUSTOMER or User is informed that any voluntary process shall not interrupt any deadline for appeal (guarantee periods, limitation periods).